BAKERSFIELD, Calif. (CN) — A California Army veteran accused Six Flags and Magic Mountain of violating the Americans with Disabilities Act in a class action filed Tuesday, claiming that they require disabled people to pass through a series of bureaucratic steps before visiting their amusement parks.
After taking those steps, and securing an Individual Accessibility Card, the veteran said he then experienced “public humiliation” when, on one occasion, a park employee ripped up his card.
The veteran, identified in the suit as “I.L.”, asked for a judge to certify the class and an order stating the companies’ conduct violated the law, as well as for compensatory, statutory and punitive damages.
The veteran in his suit stated that Six Flags Entertainment Corp. and Magic Mountain LLC discriminated against him by failing to provide an opportunity to participate in their services and be free from discrimination. They violated the Americans with Disabilities Act, California’s Unruh Civil Rights Act and the California Disabled Persons Act, according to the plaintiff.
Guests with disabilities must give their information before a visit, registering with the International Board of Credentialing and Continuing Education Standards. The theme parks' “Attraction Access Program,” which requires guests to give sensitive personal information and medical documentation, violates the Americans with Disabilities Act, he wrote in the suit.
Guests must register online at least 48 hours before visiting a park to get an Individual Accessibility Card.
“Particularly relevant here, public accommodations: (1) may not impose ‘eligibility criteria’ that tend to screen out disabled individuals; and (2) must make ‘reasonable modifications in polices, practices, or procedures, when such modifications are necessary’ to provide disabled individuals full and equal enjoyment,” the veteran wrote.
A representative for Six Flags couldn’t immediately be reached for comment.
The veteran — a season ticket holder during the 2022-23 season at Six Flags — has several disabilities, including sciatic nerve damage, post-traumatic stress disorder and a reflux disease. He has difficulty grabbing objects, unsteady hands and diminished use of his upper body, among other disabilities.
According to the veteran, in May 2022, he was told by a park representative that he needed to go online and submit an application for an Individual Accessibility Card. He completed the steps, printed the card and brought a paper copy to Six Flags Magic Mountain, in Valencia, California, in June 2022, during a birthday celebration with his wife.
He then handed his documentation to an attendant at the park’s alternative entrance.
“However, upon doing so, the employee took plaintiff’s paper card and ripped it up into four pieces, then handed it back to plaintiff and told him that he did ‘not look disabled enough’ to have the listed accommodations, that he looked ‘able-bodied,’” the veteran wrote.
The veteran also experienced inappropriate treatment during July and September 2022 visits.
In a November 2022 trip, he and his wife purposefully avoided interacting with park staff. He only rode one ride. The veteran didn’t show his access card in a December 2022 trip, as he thought staff would deny him accommodations, he wrote.
In June 2023, he went to Disneyland instead, as he didn’t want another birthday ruined over his disabilities and denial of services, as well as the public humiliation. He last visited a Magic Mountain park in September.
"Because disabled persons must gather the necessary medical documentation and submit it with their application on the … website prior to their park visit, persons with disabilities do not have that same luxury afforded to nondisabled persons,” the veteran wrote.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Bay Area district attorney to face recall election April 15, 2024 -
